Crime news: fee uplifts of 15% take effect from 30 September

F.P. Report

LONDON: Changes to the fees paid for criminal legal aid work from 30 September 2022 mean we are updating the guidance you use when submitting claims.

Which fees are increasing?

A 15% uplift applies to all the following fees:

• police station, including pre-charge engagement
• magistrates’ court, including youth court
• Criminal Cases Review Commission work
• advocates’ graduated fees
• expert fees
• Very High Cost Cases (VHCC) litigator fees
• basic fee element of litigators’ graduated fees, as well as all fixed fees and hourly rates

The increase does not apply to pages of prosecution evidence (PPE) and trial length proxies in the Litigators’ Graduated Fee Scheme, or to prison law cases.

The ‘elected not proceeded’ (ENP) fixed fee is being abolished. These cases will now receive the appropriate graduated fee.

ENP fees have been paid in ‘either way’ cases. This is when defendants elect for Crown Court trial, in cases that could also be heard by magistrates’, but later change their pleas to guilty.

Claiming the new fees

You can claim for the new fees for any cases where the matter starts, or the representation order is dated, on or after 30 September 2022.

Where can I find out more?

Details of the revised fees and hourly rates are set out in the Criminal Legal Aid Remuneration Regulations (amended) 2022.

You can also use the updated guidance on GOV.UK:

• Fee changes for police station, youth court, and magistrates’ court work are set out in the guide to changes in reporting crime lower work.
• Changes to the litigator and advocate fee schemes relating to ENP matters are dealt with in the Crown Court fee guidance.
• Expert witness fee changes can be found in the annex 6 of the GOV.UK expert witness fee guidance.

Why is this happening now?

These increases reflect the government’s interim response to the recommendations made by Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid.